Struggling with debt? Ask a debt advisor a question

lyndorset

CCCS_Pavan wrote: »

Hi lyndorset, and thanks for your post.


Am I right in assuming that this direct debit was taken from your old account rather than your new one? Pavan

No, I checked the DD (which is only £12.00) was taken from new account, there should be nothing going out of the old account, so on top of this sudden harrasment, there appears to be soemthing else going on?

Thanks very much for your help and assurance. What should I do about this/these payments they are on about? Thanks

StepChange_Pavan

jasperconran wrote: »

Hi,

Well our dmp starts in January and most of the calls have stopped although we are still getting letters. but my question is this, my OH contacted MBNA via email thru his account, he gave dmp client ref no and all the details. Which MBNA have acknowledged and advised would remove all contact numbers from their records etc.

However today OH received a nasty letter stating that if he does not contact them or pay the arrears they may proceed with legal action and either issue a CCJ or send bailiffs round:eek:

Are these scare tactics??? My OH is seriously distressed now and so am I. thanks

Hi jasperconran and thanks for your post.

It does sound like scare tactics and this is part of the standard debt collection process which a DMP cannot stop. They want to try and frighten you into making extra payments to them in the hope that you’ll find the money from somewhere

You have already done what you can if you have made them aware that you are starting a DMP with us. You could write to them again explaining that they will start to receive regular payments from January and you can’t afford to pay any more.

If you receive any other paperwork that you’re unsure of you can call our client support team and they will explain the process in more detail for you.

Kind regards,
Pavan

StepChange_Pavan

lyndorset wrote: »

No, I checked the DD (which is only £12.00) was taken from new account, there should be nothing going out of the old account, so on top of this sudden harrasment, there appears to be soemthing else going on?

Thanks very much for your help and assurance. What should I do about this/these payments they are on about? Thanks

Hi again,

I’m sorry I misunderstood – it seemed as though you were talking about the old account as you mentioned Lloyds TSB and wrote as though the letters had come from them.

I’d really recommend that you call our Client Support team as they will have all your details and will be able to advise you better. You can then discuss what else appears to be going on at the same time.

Kind regards,
Pavan

StepChange_Pavan

Binky_2 wrote: »

Hi all,
In March 2007 I was taken to court by a Solicitors working on behalf of a Debt collector, (£900 ) they obtained a C.C.J. against me and I agreed with their Lawyer to pay £30.00 per Month in the meantime they took out a Inhibition against my home.
I paid the £30 for 7 Months and stopped because a Local Council debt advisor HINTED!!!! that I was wasting my time (he said he couldn't advise me to stop payments) but I got the hint. (I couldn't afford it anyway)
MY Debt Advisor say's the inhibition was way over the top for such a small amount of money.
I never heard a thing until October 2010 when their Solicitor sent me a letter threatening further action, I again asked my debt advisor who said they were just "fishing" to see my reaction and not to respond.
Today I came back home and there was a hand delivered letter from Sheriff Officers "charge for payment of money" and the amount now including fees is £1100 that's after my £210 payments is taken off.
They advise that their next move is an attachment order.

1. What happens now?
2. What do I do?
Any help or advise would be very much appreciated.

Binky2

Hi Binky2 and thanks for your post.

I’m just getting some clarification from our Scottish office to make sure I give you the right advice.

I’ll get back to you as soon as I can.

Kind regards,
Pavan

smoore40

Hi,
Newbie here to please be gentle!

My wife and I owe approx £45k between us in mainly credit cards / unsecured loans. We recently entered into a DMP paying £250 per month to moneysolve, most creditors have accepted payments for now, and some have frozen interest.
Our original intention was sell the house and release the equity of approx £25k to then do a 'full and final' settlement.
We have now completed our sale, and moved into rented.. We now have the £25k to allow us to make offers to creditors, through moneysolve (at a charge of approx £4k:eek:)
My question is: what other options do we have now, we DO want to walk away debt free obviously if at all possible, this has been around our necks long enough but also we would like a few quid in our back pocket if possible, which after speaking to moneysolve doesnt sound possible, as creditors will pretty much want every penny, and even then theres no guarantee I wont still be paying the balance of my debts on a DMP still!
Anyones advice would be gratefully recieved

Many thanks

josscotgrave

Ive been seeking help with the baliffs who are chasing me up on a council tax debt. Ive had alot of great advice and now need more. SO far ive been sending them money of what I can afford but havent the last 2weeks. The last correspondence I recieved off them was telling me I would have to deal with the baliff direct. Today I have had the following letter hand posted:

"I HAVE VISITED TODAY TO SEIZE SUFFICIENT OF YOUR GOODS AND CHATTELS TO DISCHARGE COUNCIL TAX THAT YOU OWE *******. TO ENABLE YOU TO RECONSIDER YOUR POSITION AND GIVE YOU OPPORTUNITY TO PAY, WE WILL RETURN ON: 24HOURS

FAILURE TO RECOVER SUFFICIENT GOODS TO COVER THIS AMOUNT MAY RESULT IN THE COMMENCEMENT OF

COMMITAL PROCEEDINGS/BANKRUPTCY/DISQUALIFICATIONOF DIRECTORS/FORCED SALE OF PROPERTY/CHARGING ORDER

PLEASE CONTACT ME URGENTLY ON **** *********

DO NOT IGNORE THIS LETTER FAILURE TO RESPOND TO THIS LETTER WILL RESULT IN FURTHER COSTS.


I was lead to believe on here that they would only make 2 visits. I intend to pay them as soon as I can. Will they be knocking everyday?I have no monies at present so can not send them any for the next couple of weeks? what position am I an Ive paid them around 300 of an 800 debt so far but as I live with my parents I am concerned about them hounding my parents on a daily basis or entering the property (which I will not allow). I am also extremely reluctant to speak to them over the phone as I would have no evidence of communication.

As you can imagine the bullying tactics they are imposing are extremely worrying for me and my parents. I am unsure where I stand legally and what my next steps should be. I am also concerned about the last line of the letter saying it will result in further costs.

If people I could get advice as soon as possible I would greatly appreciate it. I am seeking advice on what my next steps should be?and what is my position in regards to the law? will they visit evderyday?


Thanks in advance for a quick response.

mtd-142128

Hi
I am thinking of doing the DMP myself, would I be able to get the creditor info from CCCS i.e their details to do a S.O for the payments as i am having difficulty getting contact details fo CL Finance
Thanks

CCCS_Sue

Binky_2 wrote: »

Hi all,
In March 2007 I was taken to court by a Solicitors working on behalf of a Debt collector, (£900 ) they obtained a C.C.J. against me and I agreed with their Lawyer to pay £30.00 per Month in the meantime they took out a Inhibition against my home.
I paid the £30 for 7 Months and stopped because a Local Council debt advisor HINTED!!!! that I was wasting my time (he said he couldn't advise me to stop payments) but I got the hint. (I couldn't afford it anyway)
MY Debt Advisor say's the inhibition was way over the top for such a small amount of money.
I never heard a thing until October 2010 when their Solicitor sent me a letter threatening further action, I again asked my debt advisor who said they were just "fishing" to see my reaction and not to respond.
Today I came back home and there was a hand delivered letter from Sheriff Officers "charge for payment of money" and the amount now including fees is £1100 that's after my £210 payments is taken off.
They advise that their next move is an attachment order.

1. What happens now?
2. What do I do?
Any help or advise would be very much appreciated.

Binky2

Hi Binky and thank you for your message

Once a Charge for Payment for Money is issued and it has expired (after 14 days) without being paid in full, the creditor may apply to the Sheriff Court for either an Earnings Arrestment, (how much would be taken through this depends on how much you earn), an Attachment of goods (removal of property from outside the home) or an Exceptional Attachment (removal of property from within the home). Which option they decide to proceed with is entirely up to the Solicitor/creditor.

However, at the time of granting the Decree if you didn't apply for a Time to Pay Direction, they could now apply for a Time to Pay Order. This would allow you to make an offer of payment through the Sheriff Court and would be decided by the Sheriff if this was acceptable. If the previous arrangement of £30 per month was through a Time to Pay Direction, then unfortunately the only option for you is to try and negotiate with the Solicitor or creditor direct. Whether they are willing to accept any proposal will depend on how much is offered and their goodwill.

A creditor is able to apply for an Inhibition on a property once legal action is commenced and granting of this is at the discretion of the Sheriff.

Once court action is taken legal costs and fees are applicable and can be added to the debt which you owe.

If you require any further assistance you may wish to consider contacting our helpline or alternatively go back to your original local council debt advisor.

Hope this is of some assistance.

Regards
Sue

CCCS_Sue

smoore40 wrote: »

Hi,
Newbie here to please be gentle!

My wife and I owe approx £45k between us in mainly credit cards / unsecured loans. We recently entered into a DMP paying £250 per month to moneysolve, most creditors have accepted payments for now, and some have frozen interest.
Our original intention was sell the house and release the equity of approx £25k to then do a 'full and final' settlement.
We have now completed our sale, and moved into rented.. We now have the £25k to allow us to make offers to creditors, through moneysolve (at a charge of approx £4k:eek:)
My question is: what other options do we have now, we DO want to walk away debt free obviously if at all possible, this has been around our necks long enough but also we would like a few quid in our back pocket if possible, which after speaking to moneysolve doesnt sound possible, as creditors will pretty much want every penny, and even then theres no guarantee I wont still be paying the balance of my debts on a DMP still!
Anyones advice would be gratefully recieved

Many thanks

Hi smoore40 and thank you for your message

Welcome to the forums !

You could make the offer of full and final settlements yourself which would save you the £4000 charge.
You would need to write to the creditors and include a list of your creditors and your offers with each letter sent.
Don’t pay the money until the creditors have accepted in writing. Keep any letters you receive from the creditors
Ask the creditor to send a statement showing the balance has been cleared in full e.g. a nil balance outstanding.
Make sure the creditor agrees to mark your credit reference file as ‘satisfied’. This can be checked by asking the credit reference agencies (Call Credit, Experian and Equifax) for a copy of your credit file.
If you would like more information on full and final settlements or if you would like to explore all the options you could consider, you can call free for an appointment to speak to one of our counsellors on 0800 138 1111. Lines are open from 08.00 until 20.00 Monday until Friday.

You can also visit our website for further information http://www.cccs.co.uk/
All our help and advice is completely free and confidential.

Kind Regards
Sue

CCCS_Sue

josscotgrave wrote: »

Ive been seeking help with the baliffs who are chasing me up on a council tax debt. Ive had alot of great advice and now need more. SO far ive been sending them money of what I can afford but havent the last 2weeks. The last correspondence I recieved off them was telling me I would have to deal with the baliff direct. Today I have had the following letter hand posted:

"I HAVE VISITED TODAY TO SEIZE SUFFICIENT OF YOUR GOODS AND CHATTELS TO DISCHARGE COUNCIL TAX THAT YOU OWE *******. TO ENABLE YOU TO RECONSIDER YOUR POSITION AND GIVE YOU OPPORTUNITY TO PAY, WE WILL RETURN ON: 24HOURS

FAILURE TO RECOVER SUFFICIENT GOODS TO COVER THIS AMOUNT MAY RESULT IN THE COMMENCEMENT OF

COMMITAL PROCEEDINGS/BANKRUPTCY/DISQUALIFICATIONOF DIRECTORS/FORCED SALE OF PROPERTY/CHARGING ORDER

PLEASE CONTACT ME URGENTLY ON **** *********

DO NOT IGNORE THIS LETTER FAILURE TO RESPOND TO THIS LETTER WILL RESULT IN FURTHER COSTS.


I was lead to believe on here that they would only make 2 visits. I intend to pay them as soon as I can. Will they be knocking everyday?I have no monies at present so can not send them any for the next couple of weeks? what position am I an Ive paid them around 300 of an 800 debt so far but as I live with my parents I am concerned about them hounding my parents on a daily basis or entering the property (which I will not allow). I am also extremely reluctant to speak to them over the phone as I would have no evidence of communication.

As you can imagine the bullying tactics they are imposing are extremely worrying for me and my parents. I am unsure where I stand legally and what my next steps should be. I am also concerned about the last line of the letter saying it will result in further costs.

If people I could get advice as soon as possible I would greatly appreciate it. I am seeking advice on what my next steps should be?and what is my position in regards to the law? will they visit evderyday?


Thanks in advance for a quick response.

Hi josscotgrave and thank you for your message

[FONT=&quot]I[/FONT]f you refuse to let the bailiffs in they can usually only charge you for two visits.
Usually, the bailiff firms have a contract with the council to say they will only try to recover the debt for a set period and then the debt is returned to the council.
If the debt goes back to the council, they may then issue a committal summons in the magistrates' court and add costs to the bill.
Contact the council immediately and make an offer of payments you can afford. If they still refuse your offer you may need to go to the committal summons hearing.
If this happens, then I would recommend that you call us for an appointment to speak to one of our counsellors.
The counsellor will help you to put together a budget showing your income and expenditure which you can use to support your offers of payment.
The council may look at taking the money directly from your wages or any benefits you receive.
To make an appointment, you can call free on 0800 138 1111. Lines are open from 08.00 until 20.00 Monday to Friday

If the bailiffs do call, try to pay something rather than nothing at all to prove that you are doing your best to repay the debt.
Make sure you get receipts from the bailiff, as you can use these as proof of payment if it does go to court again.

Kind Regards

Sue